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~ITY OF SAN BE~ARDINOa-
RAY SCHWEITZER
To Acting City Administrator
Continued Item No. 38, Agenda of 10-20-86 --
Subject Waiver of Conditions for Parcel tlap No. 9939
MEMORANDU~ - C"
. ROGER G. HARDGRAVE, Dir. of
ItEC'D; -~'ifjf1iu~kiC Works/City Engineer
1986 OCT 2l2te Octohh 22, 1986
Alrrl[J~~o. 11.051, P.M. No.
Approved
Date
9939
This item was continued to 11-03-86, in order to afford us an opportunity to
meet with the applicant and attempt to work out an acceptable solution.
We met with Mr.John Day on 10-21-86. The following alternate courses of
action were discussed: .
1. Post an acceptable security in the amount of $170,000 (including
$125,000 for undergrounding utilities).
2. Defer recordino parcel map until an assessment district for undergrounding
utilities can be established.
3. Record the parcel map along with deeds, for the two parcels to be created,
containing covenants that the owners agree not to protest the creation of
a future assessment district for undergrounding utilities.
Alternate No.1 was unacceptable to Mr. DaY, due to insufficient funds.
Mr. Day also found Alternate No.2 to be unacceptable, due to the cost and
time involved in establishing an assessment district.
Alternate No.3 would be acceptable to Mr. Day. Under this alternate, deeds
containing the covenants against protesting an assessment district would be
prepared by the Title Company and submitted to the City Engineer for review
and approval. These deeds would be recorded concurrently with the parcel map
and apply to future owners. .
Required street improvements adjacent to Parcel No. 1 (Arrowhead Avenue and
Huff Street) would be installed or bonded for prior to recordation of the
parcel map. Installation of street improvements adjacent to Parcel No.2
(Esperanza Street) would be deferred until development by addition of an
Improvement Certificate to the Parcel Map.
Alternate No.3 has been discussed with Mr. John Wilson, Deputy City Attorney.
It is Mr. Wilson's opinion that this process would place the City in an
inferior legal position, and he is unable to support this approach.
any further information.
Works/City Engineer
RGH:rs
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cc: John Day - Arrowhead-Huff Company
Ralph Prince, City Attorney
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C;ITY OF SAN BE~AR~INO~ MEMORANDU~
To
RAY SCHWEITZER
Acting City Administltle~-ADltlH. OFF.
Continued Item No. 38, As~nda of.~q~~0-86
Waiver of Conditions I986IlJCltM\:eilhU.pi'99939
From JOHN F. WILSON,
Deputy City Atty.
Dne October 22, 1986
Subject
Approved
D 750.17, 700.84
ate
Please note that the Planning Commission took final action in
this matter on May 20, 1986. The applicant's request to the
Council for waiver of the requirement that improvements either
be in place, or bonded, before the City approves the parcel
map, constitutes an appeal from the Planning Commission's
action. Pursuant to San Bernardino Municipal Code Section
2.64.040, the appeal period expired on June 4, 1986. He has no ~
option at this point but to comply with terms and conditions of
approval. In addition, alternative number 3 is unenforceable
aod ~It?t be adopted.
J HN F. WILSON
eputy City Attorney
JFW:ca
cc: Director of Engineering
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ARROWHEAD- HUFF COMPANY
REC'O, -AOMltI. ~ted Partnership
1986 OCT 22 AM :0' 39 -
Hon. Mayor and City Council
City of San Bernardino.
October 20th, 1986
Subject Parcel Map 19939
ow
- . Parcel Map 19939 separates one three acre parcel (Parcel I,
P.M. 7245) into two parcels, two acres and one acre respectively.
The purpose of the parcel map is to enable the two resulting
parcels to be sold to two separate buyers. No development is
currently contemplated by the buyers.
We request relief from Engineering Division Standard Requirements
No.8 and No. 10 with respect to street improvements and to under-
grounding of existing electric utilities.
We believe that relief from these Standard Requirements is
justified for the following reasons:
1. The purpose of the Parcel Map is to permit a sale
of the property and is not for the purpose of development.
2. The cost of the improvements required for Parcel A (which
has been estimated by the City Engineer to be $175,000) is
greater than the agreed sale price of the land in Parcel A
($169,720). \
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3. A precedent for relief from off-site improvement require-
ments has already been set when Parcel Map .#7452 was
approved in 1982.
4. Denial of the request will prevent purchase of the property
by Nuwest Manufacturing and Sidler Pipe Company and force them
to consider moving their businesses elsewhere.
We earnestly request your approval of ~ur request.
~-_.
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John-Day'
Sincerely Yours
4..-__
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
AGENDA
ITEM #
...
LOCATION
CASE P.M. #9939
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HEARING DATE OS/20/86
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